JUE 28 DE NOVIEMBRE DE 2024 - 16:48hs.
Public call on technical feasibility

Mayor of Cuiabá authorizes study to create municipal lottery

The mayor of Brazilian state of Cuiaba, Emanuel Pinheiro, authorized a study on the feasibility of creating a municipal lottery. Information was released at a press conference this Monday (28). Possibility of creation is supported by a decision of the Federal Supreme Court (STF) which, unanimously, understood that the Union does not have a monopoly in the exploration, although it holds the private competence to legislate on the matter.

“I already authorized today a technical study for a public call on the technical feasibility of creating a municipal lottery for our capital. Based on a decision of the Federal Supreme Court in October last year, authorizing states and municipalities to create their lottery, state or municipal, as a way of economic recovery due to the pandemic,” announced Pinheiro.

According to the mayor, the appeal, respecting the decision of the Supreme Court (STF), will subsidize Cuiabanco, but will also be aimed at Health, Education, Culture, Sports and Leisure. Cuiabanco is an action of the Pra Frente Cuiabá program, which provides interest-free credit lines and technical support to the financial operations of micro-entrepreneurs.

In 2020, Brazil’s Supreme Court ruled that the Union does not have exclusivity to explore lotteries. By unanimous vote, the ministers understood that the states, despite not having legislative competence on the matter, can explore lottery modalities.

The Court upheld Claims of Non-compliance with a Fundamental Precept to declare that articles 1 and 32, caput and paragraph 1 of Decree-law 204/1967, which deal with the Union's exclusivity to operate lotteries, were not accepted by the 1988 Constitution.

A Direct Unconstitutionality Action that discussed whether the rules of the State of Mato Grosso that regulate the exploitation of lottery modalities invaded the exclusive competence of the Union to legislate on systems of consortia and drawings was dismissed, as they were linked to the federal model of lotteries.

In guiding the unanimous understanding of the STF, the rapporteur of the actions, Minister Gilmar Mendes, stressed that the operation of lotteries has a public service nature, and that federal legislation cannot impose on any federative entity a restriction on the exploitation of public service beyond that already provided for in the constitutional text.

Source: https://olhardireto.com.br/